Magna Carta for Information and Communications Technology (Ict) Professionals in Government

Offer of thi TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) ) First Regular Session 26 MAY 20 P2:48 SENATE RECEIVED B) S. No. 2147 Introduced by Senator Bam Aquino AN ACT PROVIDING FOR A MAGNA CARTA FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) PROFESSIONALS IN GOVERNMENT, AND FOR OTHER PURPOSES EXPLANATORY NOTE Achieving our shared vision of a digitally competitive Philippines depends on a skilled, motivated, and well-supported ICT workforce in government. These men and women are the backbone of our country's digital transformation, strengthening our systems, securing our data, and ensuring that government services keep pace with the needs of our people. However, the government currently faces a significant challenge in recruiting and retaining highly skilled ICT professionals in government. The private sector, both local and international, offers more competitive compensation, benefits, and opportunities for career advancement. This disparity leads to a constant "brain drain," where valuable expertise is lost from the public sector. If we want a government that is truly digital-ready, we need to fix this gap. We must establish a compensation framework that is competitive with private sector standards, acknowledging the specialized and high-demand nature of ICT skills. This includes setting minimum compensation levels and exempting critical government ICT positions from rigid salary structures that no longer match the realities of the digital economy. At the same time, ICT work evolves rapidly. Our government ICT professionals must be equipped with continuous learning opportunities, a supportive and enabling work environment, and the stability needed to grow their careers in public service. When we invest in their development, we strengthen the entire government. The Magna Carta for ICT Workers in Government intends to address this. It is a strategic investment in our digital future, and a proactive measure to build a resilient, skilled, and motivated government ICT workforce capable of driving national progress. In view of the foregoing, the passage of this bill is earnestly sought. Banaquin

PILATE Office of thic se TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) ) First Regular Session MAY 20 P2:48 SENATE 2147 RECEIVED BY S. No. - Introduced by Senator Bam Aquino AN ACT PROVIDING FOR A MAGNA CARTA FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) PROFESSIONALS IN GOVERNMENT, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Magna Carta for

2 Information and Communications Technology (ICT) Professionals in Government."

Sec. 2. Declaration of Policy. - The foundational contribution of ICT

4 professionals is indispensable to national progress. To this end, the State aims to 5 prioritize research, development, and science and technology (S&T) education, 6 promote Filipino labor and domestic industry competitiveness, and affirm the vital role 7 of youth in nation-building. The State is committed to actively supporting ICT professionals' welfare and 9 development and seeks to guarantee their rights, provide incentives to boost productivity and innovation, and foster an environment that attracts, retains, and empowers them. The State aims to enhance the Philippines' progress and competitiveness in the global digital arena, directly aligning with the constitutional principles of promoting national development and empowering its citizens.

Sec. 3. Definition of Terms. - For the purpose of this Act:

(a) Government ICT Professiona/ refers to an ICT professional employed by any 2 branch, department, bureau, office, agency, or instrumentality of the national 3 government, government-owned or controlled corporations (GOCCs), state universities and colleges (SUCs), and local government units (LGUs); (b) ICT Professional refers to an individual who, through formal education, 6 specialized training, relevant experience, or recognized professional certification, is engaged in activities intrinsically related to and in support of ICT. This includes, but is not limited to, roles in software development, network administration, cybersecurity, data science, artificial intelligence, systems analysis and design, IT project management, technical support, ICT education and training, and emerging ICT specializations; and (c) ICT Professional Organization refers to any association, society, or institute of ICT professionals duly recognized and accredited by the appropriate government agency.

Sec. 4. Classification of Government ICT Professionals. - For the effective

implementation of the benefits and incentives provided under this Act, ICT 17 professionals shall be classified analogous to those defined in Republic Act No. 8439, 18 the "Magna Carta for Scientists, Engineers, Researchers and Other Science and 19 Technology Personnel in Government," as follows: (a) ICT Specialists are individuals who possess a high degree of expertise and specialization in a specific field of Information and Communications Technology, demonstrated by advanced education, professional certifications, significant experience, and recognized contributions to their area of specialization. This may include, but not be limited to, cybersecurity experts, data scientists, Al/Machine Learning engineers, cloud architects, and senior software architects. (b) ICT Engineers are individuals who apply engineering principles and methodologies to the design, development, implementation, and maintenance of ICT systems, infrastructure, and solutions. This may include, but not be limited to, network 29 engineers, systems engineers, software engineers, and hardware engineers.

(c) ICT Researchers are individuals who are primarily engaged in the conduct 2 of research and development activities aimed at advancing knowledge and innovation in the field of Information and Communications Technology. This includes those 4 involved in basic and applied research in areas such as artificial intelligence, 5 cybersecurity, emerging technologies, and software engineering. (d) ICT Technologists are individuals who possess the technical skills and 7 knowledge to implement, operate, and maintain ICT systems and equipment. This 8 may include, but not be limited to, network administrators, systems administrators, 9 database administrators, and IT support specialists. (e) ICT Educators are individuals who are primarily engaged in the teaching and training of ICT-related subjects in academic institutions, technical-vocational schools, and training centers. This includes professors, instructors, and trainers in various ICT fields. (f) Other ICT Professionals are individuals providing support services to the ICT Personnel enumerated in the preceding subsections as certified by the Secretary of the Department of Information and Communications Technology (DICT), and as may be further defined in the Implementing Rules and Regulations of this Act.

Sec. 5. Criteria for Classification. - The DICT, in consultation with the Civil

Service Commission (CSC) and the Department of Budget and Management (DBM), shall establish specific criteria and guidelines for the classification of government ICT 21 professionals under the categories defined in the preceding section. These criteria shall take into account factors such as educational attainment, professional certifications, relevant experience, level of responsibility, and contributions to the ICT sector. The DICT shall publish a Competency Framework for ICT Roles and require a National Registry of Government ICT Professionals aligned with ICT industry standards, local and international competency frameworks, and mutual recognition 27 agreements.

Sec. 6. Fair Compensation, Comprehensive Benefits, and Incentives. -

(a) Establishment of Minimum Compensation Standards. The DICT, in close 2 coordination with the CSC and the DBM, shall establish and regularly review equitable minimum compensation standards for government ICT professionals across various 4 specializations and experience levels, taking into account the complexity of their responsibilities, the required specialized skills, the extent of their professional experience, and prevailing equitable industry rates. (b) Provision of Comprehensive Benefits and Incentives. Government agencies and institutions are strongly encouraged to provide a comprehensive package of additional benefits and meaningful incentives to their ICT professionals, including, but 10 not limited to, performance-based bonuses, professional development allowances, comprehensive health insurance coverage, adequate retirement benefits, and 12 facilitated opportunities for advanced education and specialized training. (c) Guarantee of Equal Pay for Work of Equal Value. Government ICT 14 professionals performing work of demonstrably equal value shall receive equal remuneration and benefits, without any form of discrimination based on gender or 16 other irrelevant personal circumstances.

Sec. 7. Structured Career Progression and Opportunities for Specialization. -

Government agencies and institutions shall establish transparent and well-defined career progression pathways for government ICT professionals, providing clear 20 opportunities for professional advancement based on demonstrated performance, 21 accumulated relevant experience, and commitment to continuous professional development. They shall also actively support specialization in emerging and critical ICT fields through the provision of relevant training programs, mentorship 24 opportunities, and professional certification support.

Sec. 8. Strategic Training and Scholarship Programs in ICT. - The government

shall establish and substantially support comprehensive training and scholarship 27 programs across diverse and specialized fields of ICT, with a particular focus on 28 emerging technologies and critical skills identified as essential for national 29 development and global competitiveness. These programs shall be made free and accessible to deserving individuals from all socioeconomic backgrounds, including

1 those from marginalized communities, to ensure equitable access to opportunities in 2 the ICT sector.

Sec. 9. Standard Working Hours and Fair Overtime Compensation. - The

4 standard working hours for government ICT professionals shall be governed by 5 Executive Order 292, or the Administrative Code of 1987, and by the CSC rules and regulations. Any work rendered beyond these standard hours shall be compensated 7 fairly and promptly in accordance with applicable overtime pay regulations and 8 industry standards.

Sec. 10. Comprehensive Leave Benefits and Entitlements. - Governement ICT

10 professionals shall be entitled to a comprehensive range of leave benefits, including, but not limited to, sick leave, vacation leave, parental leave, and other special leaves 12 as mandated by existing labor laws and the specific policies of their respective employers.

Sec. 11. Guarantee of a Safe and Healthy Working Environment. - Employers

15 shall have a fundamental responsibility to ensure and maintain a safe and healthy working environment for all government ICT professionals. This includes the provision of necessary equipment, adequate facilities, and comprehensive training on 18 occupational safety and health protocols to mitigate workplace hazards.

Sec. 12. Social Security and Welfare Benefits. - Government ICT professionals

shall be entitled to full coverage under the Government Service Insurance System (GSIS) for government employees, as well as all other relevant social welfare benefits as mandated and provided by existing laws, rules, and regulations.

Sec. 13. Facilitation of Housing and Transportation Assistance. - The

government agencies and institutions are strongly encouraged to facilitate access to affordable housing options and provide adequate transportation assistance to government ICT professionals, particularly those working in geographically remote or economically disadvantaged areas, to enhance their quality of life and reduce commuting burdens.

Sec. 14. Compensation and Benefits for ICT Professionals in Government. - To

recognize the unique expertise and evolving demands of government ICT professionals, an alternative compensation framework shall be established, 4 notwithstanding the provisions of Republic Act No. 6758. The CSC and the DBM shall jointly issue regulations governing the classification, compensation, and benefits of government ICT professionals, ensuring 7 competitiveness with private sector standards while maintaining fiscal responsibility. ICT positions identified as critical to national security, digital infrastructure, and 9 innovation shall be exempt from standard salary grades under R.A. 6758, subject to 10 CSC and DBM approval. Such exemptions shall be based on industry benchmarks, specialized skill requirements, and market conditions. The CSC and DBM shall periodically review and adjust the compensation 13 framework to reflect technological advancements and labor market trends, ensuring 14 the retention and motivation of highly skilled ICT personnel in government service.

Sec. 15. Highest Basic Salary Upon Retirement. - Upon retirement, the

16 government ICT personnel concerned shall automatically be granted one (1) salary grade higher than his/her basic salary, and his/her retirement benefits shall be computed on the basis of his/her highest salary received.

Sec. 16. Enhanced Role and Responsibilities of the Department of Information

20 and Communications Technology (DICT). - The DICT shall serve as the primary government agency vested with the comprehensive responsibility for the effective implementation of this Act. Its mandated responsibilities shall include, but not be limited to: (a) Proactively formulating and strategically implementing policies and 25 comprehensive programs designed to promote the overall welfare and continuous 26 professional development of all ICT professionals in the Philippines. (b) Establishing, regularly reviewing, and ensuring the enforcement of equitable 28 minimum compensation standards and comprehensive guidelines for ICT professionals

across all sectors, in close collaboration with the CSC, and duly recognized relevant 2 professional organizations. (c) Actively promoting and providing substantial support for the establishment 4 and expansion of high-quality training and scholarship programs in critical and 5 emerging fields of ICT. (d) Facilitating the meaningful and substantive participation of ICT 7 professionals, through their accredited professional organizations, in the critical 8 processes of policy formulation, legislative review, and strategic decision-making that 9 directly impact the ICT sector. (e) Diligently monitoring and rigorously evaluating the effective implementation 11 of this Act, identifying areas for improvement, and recommending necessary legislative or regulatory amendments to ensure its continued relevance and impact. (f) Establishing clear criteria and procedures for the formal accreditation of 14 professional organizations of ICT professionals, ensuring their active and constructive 15 engagement in the sector's development.

Sec. 17. Vital Role of Accredited Professional Organizations. - Duly accredited

17 professional organizations of ICT professionals shall play a vital and recognized role 18 in: (a) Effectively representing the collective interests of their members and actively advocating for the comprehensive protection and advancement of their rights, welfare, and professional standing. (b) Collaborating closely and constructively with the DICT and other relevant government agencies in the strategic development, thorough review, and effective implementation of policies and programs that directly affect ICT professionals. (c) Developing, actively promoting, and rigorously enforcing high ethical standards and comprehensive codes of professional conduct for their members, ensuring accountability and responsible practice.

(d) Actively participating in the establishment and implementation of fair and 2 transparent accreditation and certification processes for ICT professionals, where such 3 mechanisms are deemed necessary and beneficial for the profession.

Sec. 18. Establishment of National ICT Awards. - The government shall

5 establish a National ICT Awards program to recognize and honor outstanding government ICT professionals, groundbreaking innovations, and significant contributions to the ICT sector and national development. These awards shall be 8 conferred annually and shall carry appropriate prestige and incentives.

Sec. 19. Incentives for Innovation, Research, and Development. - The

10 government shall provide meaningful incentives and substantial support for government ICT professionals actively engaged in research and development, fostering innovation, and creating valuable intellectual property within the field of ICT. These incentives may include, but are not limited to, research grants, tax exemptions or credits, access to specialized facilities, and assistance in the commercialization of 15 their innovations.

Sec. 20. Non-DICT ICT Professional. - ICT personnel not employed by the

17 DICT, but is an employee of any executive, legislative, judicial and constitutional offices, including local government units (LGUs), state universities and colleges (SUCs), government-owned or -controlled corporations (GOCCs) and other instrumentalities, whether located in the Philippines or abroad may also avail benefits outlined in this bill, provided, that they are involved in ICT functions, provided in 22 Section 4 of this Act, and secured certification from the DICT.

Sec. 21. Consultancy Services. - Government ICT personnel shall be allowed to

render consultancy services to the private sector and shall be entitled to receive such honorarium that may be paid to them by the private entity concerned. Such payments shall be over and above their salary from the government during the period of the consultancy and shall not be considered as double compensation: Provided, That the consultancy work will not compromise or adversely affect the operations or activities of his originating office: Provided; further, That the Secretary of the DICT approves such consultancy.

Sec. 22. Detail to the Private Sector. - ICT personnel who are employed on a

2 regular basis in the government shall be allowed secondment to any private entity 3 whenever such services are required: Provided, That the duration of such service with 4 a private entity shall not exceed one (1) year: Provided, further, That the detail or secondment of said personnel will not hamper or adversely affect the operations or activities of his originating office: Provided, finally, That the head of the agency approves such detail or secondment.

Sec. 23. Establishment of ICT Scholarship and Grant Programs. - The

9 government, through the DICT in collaboration with DOST, CHED, TESDA, and other 10 relevant government agencies, shall establish and administer comprehensive scholarship and grant programs to support the education, training, and professional 12 development of ICT professionals and individuals aspiring to enter the ICT sector.

Sec. 24. Coverage of Scholarships and Grants. - These programs shall cover

14 various aspects of ICT education and training, including but not limited to: (a) Undergraduate and Graduate Degree Programs. Scholarships for deserving 16 students pursuing bachelor's and postgraduate degrees in ICT-related fields in 17 accredited higher education institutions, both local and international, where deemed 18 strategic. (b) Technical and Vocational Training: Grants and financial assistance for individuals undertaking technical and vocational courses in ICT skills identified as critical for national development and industry needs, provided by TESDA-accredited institutions. (c) Specialized Skills Development: Grants for ICT professionals seeking to acquire advanced or specialized skills in emerging technologies and strategic ICT domains through certificate programs, short courses, and industry-recognized 26 certifications. (d) Research and Development Grants. Grants to support ICT professionals and researchers engaged in innovative research and development projects that contribute to the advancement of the ICT sector in the Philippines.

(e) Faculty Development Grants. Grants to support the professional 2 development of ICT educators, including opportunities for further studies, research, 3 and training in emerging ICT fields.

Sec. 25. Funding and Administration. - The funds necessary for the

5 implementation of these scholarship and grant programs shall be sourced from the national budget and may be augmented through partnerships with private sector entities, international organizations, and other funding sources. The DICT shall be responsible for the overall administration and monitoring of these programs, ensuring their effective and equitable distribution.

Sec. 26. Exemption from the Attrition Law Appointment of ICT personnel to

positions of research assistant and upwards shall not be covered by the Attrition Law in cognizance of the highly technical nature of their functions.

Sec. 27. Provision Against Double Benefits. - ICT personnel receiving the same

14 benefits under any other law shall not be allowed to avail of the benefits under this 15 Act unless they submit in writing their intention to withdraw the benefits already being 16 received and opt for those provided hereunder.

Sec. 28. Magna Carta Monitoring and Evaluation Committee. - To ensure the

18 effective implementation, continuous improvement, and accountability of this MC, a 19 Magna Carta Monitoring and Evaluation Committee (MCMEC) shall be established. (a) Composition and Leadership. - The MCMEC shall be co-chaired by the 21 Department of Information and Communications Technology (DICT) and the Civil 22 Service Commission (CSC), with members from: i. DBM ii. DOST iii. Commission on Audit (COA) iv. Professional Regulation Commission (PRC)

v. Department of Health (DOH) (for physical and mental health well- being) vi. Career Executive Service Board (CESB) vii. Representative from the CSC-accredited Employees' Organization in the DICT viii. Representative from ICT professional association (b) Mandate and Functions. - The Committee shall: i. Monitor agency compliance with the provisions of this Magna Carta; ii. Evaluate the effectiveness of programs related to ICT workforce development, mental health, and professionalization; ili. Recommend policy enhancements and implementation strategies (c) Annual Reporting to Congress. - The MCMEC shall submit an Annual 13 Implementation Report to Congress, which shall include: i. Status of compliance by government agencies ii. Data on the mental health and well-being of the ICT workforce iii. Recommendations for legislative or administrative actions The annual report shall be made publicly accessible through the DICT website 18 and other appropriate platforms to promote transparency and stakeholder 19 engagement.

Sec. 29. Administrative Penalties for Non-Compliance. - Government officials

or personnel who willfully or negligently fail to implement or comply with the provisions of this Magna Carta shall be subject to appropriate administrative sanctions in accordance with existing Civil Service laws and regulations. These may include: (a) Written reprimand for minor infractions;

(b) Suspension for repeated or moderate violations; and (c) Dismissal from service for grave or willful neglect of duty. The CSC, in coordination with the DICT, shall issue the implementing rules to 4 guide the investigation and imposition of penalties. Agencies found to be non- compliant may also be subject to audit observations and recommendations by the 6 COA, including possible disallowance of funds related to unimplemented benefits or 7 programs.

Sec. 30. Appropriations. - The initial funding required for the effective

9 implementation of this Act shall be charged against the current appropriations of the 10 concerned government agencies. Thereafter, the necessary financial resources shall 11 be included in the annual General Appropriations Act to ensure the sustained and 12 effective implementation of its provisions.

Sec. 31. Periodic Review. - To ensure the continued relevance and

effectiveness of this Act in addressing the evolving needs and challenges of the ICT sector and its professionals, the DICT, the CSC, the DBM, where applicable, accredited professional organizations of ICT professionals, and other relevant stakeholders, shall 17 conduct a comprehensive review of this Magna Carta at least once every five (5) years 18 from the date of its effectivity.

Sec. 32. Implementing Rules and Regulations. - The DICT, in close coordination

with the CSC, DBM, and other relevant agencies, shall promulgate the comprehensive IRR for this Act within ninety (90) days from the date of its effectivity.

Sec. 33. Separability Clause. - If any provision of this Act or the application

23 thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Act and the application of such provision to other persons or circumstances 25 shall not be affected thereby.

Sec. 34. Repealing Clause. - All laws, decrees, executive orders, rules and

27 regulations, and other issuances inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 35. Effectivity. - This Act shall take effect fifteen (15) days after its

2 publication in the Official Gazette or in a newspaper of general circulation. Approved,